Sustaining a personal injury doesn’t just affect your body – it can deeply impact your mental health. Many individuals experience PTSD or other mental conditions after serious accidents. But can you be compensated for the emotional distress that follows a traumatic event? If you have developed PTSD after a personal injury, understanding your legal rights and options is crucial in recovering compensation. Continue reading for more information and speak with a York County, PA personal injury attorney to discuss your case today.
What is PTSD?
PTSD stands for Post-Traumatic Stress Disorder. It is a mental health condition triggered by witnessing or experiencing a distressing or life-threatening event. PTSD is common in those who have seen military combat or survived a natural disaster, but it can also result from being involved in a car crash, serious fall, physical assault, etc.
PTSD often follows serious accidents involving sudden trauma. Even individuals who do not sustain serious physical injuries can suffer psychological trauma that leads to PTSD. If a person was involved in a car wreck, workplace explosion, animal attack, or violent assault, the trauma from enduring the experience and fearing for their life can trigger the condition.
Common symptoms include flashbacks, uncontrollable and intrusive thoughts, nightmares, severe anxiety, emotional numbness, avoidant behaviors, isolation, insomnia, and more.
Can I Recover Compensation for PTSD in a PA Personal Injury Lawsuit?
Yes, you may be able to recover compensation for the development of PTSD in Pennsylvania. PTSD is considered a non-economic damage, meaning a loss associated with a personal injury that does not have an inherent monetary value. Non-economic damages can be awarded to cover pain, suffering, emotional distress, and mental anguish. PTSD falls within this category, and compensation is designed to restore your emotional well-being.
PTSD can also result in financial losses. It can be expensive to seek therapy or counseling, undergo diagnostic testing, receive treatment and medication, etc. The financial costs associated with PTSD can be reimbursed to you under economic damages.
Pennsylvania courts also allow recovery for NIED (negligent infliction of emotional distress) in certain situations, even without major physical injuries. State law recognizes that witnessing a fatal accident or suffering extreme trauma can cause PTSD or other types of emotional distress.
What Evidence Do I Need to Prove PTSD in My Injury Case?
Evidence is the backbone of any personal injury claim or lawsuit, and as the plaintiff, you will be required to provide ample information demonstrating your claim of PTSD. Some compelling evidence that can help establish the fact that you have suffered from PTSD and that it was caused by the accident includes:
- Medical diagnosis and treatment records from licensed mental health professionals
- Expert testimony from psychologists or psychiatrists who can testify to how the trauma affected your life, job, and personal relationships
- Personal journals demonstrating your daily experience dealing with the condition
- Witness statements from friends or family that can show your behavioral changes since the accident
- Employment and financial records establishing missed work, career setbacks, lost wages, etc.
If you have developed PTSD after being involved in an accident, it is imperative that you secure skilled legal representation during your case. Reach out to an experienced attorney today for more information.
